Citation NR: 9613356
Decision Date: 05/08/96 Archive Date: 05/21/96
DOCKET NO. 91-50 666 ) DATE
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On appeal from the decision of the
Department of Veterans Affairs Regional Office in Columbia,
South Carolina
THE ISSUE
Entitlement to service connection for the cause of the
veteran’s death.
REPRESENTATION
Appellant represented by: The American Legion
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
Sonya Gidumal Chazin
INTRODUCTION
This appeal arose to the Board of Veterans’ Appeals (Board)
from the January 1991 decision of the Department of Veterans
Affairs (VA) Regional Office (RO) which denied the
appellant’s claim for service connection for the cause of the
veteran’s death. The veteran, who served on active duty from
June 1941 to February 1972, died in May 1990. The appellant
is his widow. This case was previously before the Board in
March 1993 when it was remanded for further development,
which was accomplished.
FINDING OF FACT
Received by the Board on March 27, 1996, prior to the
promulgation of a decision in the appeal, was notification
from the appellant that she wished to withdraw her appeal of
the issue before the Board.
CONCLUSION OF LAW
The criteria for withdrawal of a Substantive Appeal by the
appellant have been met.
38 U.S.C.A. § 7105(b)(2), (d)(5) (West 1991); 38 C.F.R.
§§ 20.202, 20.204(b), (c) (1995).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal
which fails to allege specific error of fact or law in the
determination being appealed. A Substantive Appeal may be
withdrawn in writing at any time before the Board promulgates
a decision. 38 C.F.R. §§ 20.202, 20.204(b). Withdrawal may
be made by the appellant or by his or her authorized
representative, except that a representative may not withdraw
a Substantive Appeal filed by the appellant personally
without the express written consent of the appellant. 38
C.F.R. § 20.204(c). The appellant has withdrawn this appeal
and, hence, there remain no allegations of errors of fact or
law for appellate consideration. Accordingly, the Board does
not have jurisdiction to review the appeal and it is
dismissed without prejudice.
ORDER
The appeal is dismissed.
N. R. ROBIN
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, 741
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West
1991 & Supp. 1995), a decision of the Board of Veterans'
Appeals granting less than the complete benefit, or benefits,
sought on appeal is appealable to the United States Court of
Veterans Appeals within 120 days from the date of mailing of
notice of the decision, provided that a Notice of
Disagreement concerning an issue which was before the Board
was filed with the agency of original jurisdiction on or
after November 18, 1988. Veterans' Judicial Review Act,
Pub. L. No. 100-687, § 402, 102 Stat. 4105, 4122 (1988). The
date which appears on the face of this decision constitutes
the date of mailing and the copy of this decision is the
notice of the action taken on this appeal by the Board of
Veterans' Appeals.
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